Modernization Apportionment - Leroy F.greene School Facilities Act Of 1998 - CA Education

Section § 17074.10

This section outlines how California calculates the amount of money a school district can receive for upgrading their facilities. It assigns specific dollar amounts for each pupil based on whether they are in elementary, middle, or high school. These amounts are adjusted annually for inflation. The law also sets rules for additional funds for small districts and replacing portable classrooms. Additionally, funds for school upgrades can't be used for administrative costs. Special provisions exist for students with exceptional needs, and these may be updated over time.

(a) The board shall determine the total funding eligibility of a school district for modernization funding by multiplying the following amounts by each pupil of that grade level housed in school buildings that satisfy the requirements of Section 17073.15:

(1) Two thousand two hundred forty-six dollars ($2,246) for each elementary pupil.

(2) Two thousand three hundred seventy-six dollars ($2,376) for each middle school pupil.

(3) Three thousand one hundred ten dollars ($3,110) for each high school pupil.

(b) The board shall annually adjust the factors set forth in subdivision (a) according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the board.

(c) The board may adopt regulations to be effective until July 1, 2000, that adjust the amounts identified in this section for qualifying individuals with exceptional needs, as defined in Section 56026. The regulations shall be amended after July 1, 2000, in consideration of the recommendations provided pursuant to Section 17072.15.

(d) It is the intent of the Legislature that the amounts provided pursuant to this article for school modernization do not include funding for administrative and overhead costs.

(e) For a school district having an enrollment of 2,500 or less for the prior fiscal year, the board may approve a supplemental apportionment of up to two thousand five hundred dollars ($2,500) for any modernization project assistance. The amount of the supplemental apportionment shall be adjusted in 2001 and every year thereafter by an amount equal to the percentage adjustment for class B construction.

(f) For a portable classroom that is eligible for a second modernization, the board shall require the school district to use the modernization funds to replace the portable classroom and to certify that the existing eligible portable classroom will be removed from any classroom use, unless the school district is able to document that modernizing the portable classroom is a better use of public resources. The capacity and eligibility of the school district shall not be adjusted for replacing a portable classroom pursuant to this subdivision and Section 17073.15.

modernization funding elementary pupil middle school pupil high school pupil inflation adjustment exceptional needs small district supplemental apportionment portable classroom replacement school district enrollment school facility funding public resources classroom modernization educational infrastructure statewide cost index

(Amended by Stats. 2003, Ch. 587, Sec. 3. Effective January 1, 2004.)

Section § 17074.15

This law explains that school districts in California can receive state funds for modernization projects if they meet certain conditions. The state covers 80% of the cost, and the district must match 20%. State funds are awarded once the project complies with certain safety regulations and has a binding completion contract. These funds are given out in the order the applications were approved, as long as funds are available. Importantly, this rule only applies to applications submitted by April 29, 2002, no matter where the state funds come from.

(a) The board shall release disbursements to school districts with approved applications for modernization, to the extent state funds are available for the state’s 80-percent share, and the school district has provided its 20-percent local match. Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281, including, but not limited to, a project that complies with the Field Act by complying with Section 17280.5, and evidence that the certification by the school district that the required 20-percent matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund or will be expended by the district by the time of completion of the project, and evidence that the district has entered into a binding contract for the completion of that project. If state funds are insufficient to fund all qualifying school districts, the board shall fund all qualifying school districts in the order in which the application for funding was approved by the board.

(b) This section shall apply only to an application filed on or before April 29, 2002, regardless of the source of state bond funding.

school district modernization 80-percent state share 20-percent local match Field Act compliance Department of General Services approval project certification local fund matching binding contract for completion state bond funding application deadline April 29 2002

(Amended by Stats. 2002, Ch. 935, Sec. 9. Effective January 1, 2003.)

Section § 17074.16

This section explains how California distributes state funds to school districts for modernization projects. When a school district wants to modernize buildings, it must first secure its share of local funding. The state then matches these funds up to a certain percentage, based on a scoring system. The scores determine what percentage the district must provide from local sources. Generally, if a district scores higher, its local funding requirement is lower. Before districts receive funds, projects must be approved under the Field Act, ensuring safety standards. If there aren't enough state funds, districts get funded in the order their applications were approved.

(a) The board shall release disbursements to school districts with approved applications for modernization, to the extent state funds are available for the state’s share, and the school district has provided its required local match. Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281, including, but not limited to, a project that complies with the Field Act by complying with Section 17280.5, and evidence that the certification by the school district that the required matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund or will be expended by the district by the time of completion of the project, and evidence that the district has entered into a binding contract for the completion of that project. If state funds are insufficient to fund all qualifying school districts, the board shall fund all qualifying school districts in the order in which the application for funding was approved by the board.

(b) The board shall adjust a school district’s required local contribution pursuant to this section and the school district’s associated state contribution required pursuant to this article as follows:

(1) For a school district determined to have a score of more than 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 35 percent and the associated state contribution pursuant to this article shall be 65 percent.

(2) For a school district determined to have a score of 9 or 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 37 percent and the associated state contribution pursuant to this article shall be 63 percent.

(3) For a school district determined to have a score of eight points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 38 percent and the associated state contribution pursuant to this article shall be 62 percent.

(4) For a school district determined to have a score of six or seven points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 39 percent and the associated state contribution pursuant to this article shall be 61 percent.

(5) For a school district determined to have a score of less than six points pursuant to Section 17070.59, the required local matching funds pursuant to subdivision (a) shall be 40 percent and the associated state contribution pursuant to this article shall be 60 percent.

school district modernization local matching funds state contribution Field Act approval project scoring system funding apportionment Department of General Services education funding priorities local contribution adjustment modernization project contract funding application order school safety standards California education funding modernization funding process state school funding allocation

(Amended by Stats. 2024, Ch. 81, Sec. 14. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)

Section § 17074.20

To receive funding, schools must make sure their updated buildings meet specific safety and environmental standards outlined in other sections.

As a condition for the receipt of funds under this article, a school district shall ensure that all buildings modernized comply with Sections 17212, 17212.5, and 17213.

school funding building modernization compliance safety standards environmental standards school district construction requirements school facilities renovation guidelines safety compliance facility standards modernization compliance

(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)

Section § 17074.25

This law discusses how school districts in California can use modernization funds to upgrade and extend the life of school facilities. These funds can be used for a wide range of improvements, including construction, air-conditioning, upgrading electrical systems, increasing school security, and enhancing physical environments like playgrounds and classrooms. Funds can also promote energy efficiency, improve air and water quality, and ensure seismic safety. There are also stipulations for specific uses, such as updating air filtration systems to reduce harmful pollutants and supporting educational facilities like kitchens and libraries. Essentially, the aim is to provide modern, safe, and environmentally friendly learning spaces for students.

(a)

(1) A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A modernization apportionment may be used for the costs of design, materials, demolition, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A modernization grant may not be used for costs associated with acquisition and development of real property or for routine maintenance and repair.

(2) A modernization apportionment may also be used for any of the following:

(A) The cost of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high-performance schools.

(B) Seismic mitigation purposes and related design, study, and testing costs.

(C) To remediate any water outlet used for drinking or preparing food with lead levels in excess of 15 parts per billion.

(D) The control, management, or abatement of lead.

(b) This section shall not preclude a school district from using a grant for modernization to support the modernization of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program, including, but not limited to, a California state preschool program set forth in Article 2 (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services.

(c)

(1) A modernization apportionment may be used to limit pupil exposure to harmful air pollutants by updating air filtration systems.

(2)

(A) This subdivision is declaratory of existing law.

(B) It is the intent of the Legislature in enacting Chapter 714 of the Statutes of 2018 (Assembly Bill 2453 of the 2017–18 Regular Session) to encourage school districts to add air filtration systems to applications for modernization apportionments when air pollution occasionally or regularly exceeds levels known to be harmful to public health.

(d) Notwithstanding any other provision of this article, a school district that is apportioned funds pursuant to Section 17073.16 shall use the supplemental grant for expanding an existing, or constructing a new, gymnasium, multipurpose room, library, or school kitchen.

(e) In developing guidelines and regulations for consideration by the board, the department, in consultation with the State Department of Education, shall provide a school district with maximum flexibility in the design and modernization of school facilities.

modernization apportionment school improvement energy efficiency seismic safety air filtration systems playground safety asbestos abatement educational technology broadband access lead remediation outdoor learning environments school security water quality high-performance schools facility upgrading

(Amended by Stats. 2024, Ch. 81, Sec. 15. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)

Section § 17074.26

This law requires the board to create rules that adjust the money given for updating older school buildings. Specifically, it focuses on schools 50 years or older that need more funds due to the higher costs of making them modern and up-to-date.

The board shall adopt regulations to adjust the per-pupil amounts set forth in Section 17074.14 for modernization projects for school buildings that are 50 years old or older based upon the higher costs associated with modernizing older buildings.

per-pupil funding modernization projects older school buildings 50 years old higher costs school facilities funding adjustment school building regulations updating schools renovation costs education infrastructure construction funding school modernization building age funding regulations

(Added by Stats. 2002, Ch. 33, Sec. 16. Effective April 29, 2002.)

Section § 17074.265

This law allows school districts in California to receive funding for demolishing and rebuilding school buildings that are at least 75 years old. To qualify, the district must demonstrate through a cost-benefit analysis that renovating the old building would cost at least half as much as replacing it. If these conditions are met, the project can receive a grant based on the building's capacity. The board can create regulations for how this process works.

(a) Notwithstanding Article 6 (commencing with Section 17073.10), a school district shall be eligible to receive a modernization apportionment to demolish and construct a building or buildings on an existing schoolsite if both of the following conditions are met:

(1) The building or buildings to be replaced are at least 75 years old.

(2) The school district provides a cost-benefit analysis that indicates the total cost to modernize the building or buildings is at least 50 percent of the current replacement cost, as defined by the board, of the building or buildings. The cost-benefit analysis may include applicable site development costs.

(b) A project that meets the requirements of subdivision (a) shall be eligible for a grant equal to the grant provided under Section 17072.10 multiplied by the capacity of the building or buildings calculated pursuant to Section 17071.25.

modernization apportionment school district funding demolition and reconstruction 75 years old buildings cost-benefit analysis replacement cost site development costs grant eligibility building capacity schoolsite modernization funding regulations

(Added by Stats. 2024, Ch. 81, Sec. 16. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)

Section § 17074.27

This law section indicates that funds set aside for modernizing schools can also be used to address lead-related issues such as controlling, managing, or reducing lead levels.

In addition to the uses specified in Section 17074.25, a modernization apportionment may also be used for the control, management, or abatement of lead.

modernization apportionment lead management lead abatement school funding lead reduction education facility improvement school modernization lead control public health in schools school safety funding

(Added by Stats. 2002, Ch. 1075, Sec. 2. Effective January 1, 2003.)

Section § 17074.30

If a school district in California applies for modernization funding after January 1, 2004, it has to confirm that it has thought about possible lead-containing materials in the project. The district must also agree to follow all related federal, state, and local rules for handling any lead it finds.

Commencing with applications submitted after January 1, 2004, any school district applying for funding pursuant to this article shall certify that it has considered the potential for the presence of lead-containing materials in the modernization projects and will follow all relevant federal, state, and local standards for the management of any identified lead.

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(Added by Stats. 2002, Ch. 1075, Sec. 3. Effective January 1, 2003.)